14 Minnesota opinions name it 2 courts 1903–2013 0 in the last five years
The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Clausengreen2 sentences2008In State v. Clausen, the supreme court held that the regulation of drug possession — without proof of intent to sell — does not deny defendants due process by creating an irrebuttable presumption of intent to sell. 493 N.W.2d 113, 118 (Minn.1992). 2004Relators argue that the statute violates due process because it creates an irrebuttable presumption of an IPHT from the mere “potential to immediately and adversely threaten public health or safety.” Relators also argue that the statute authorizes an ISTS inspector to “declare a public nuisance that which in fact is not a public nuisance,” and upon such a declaration, “even the County Board cannot undo such a finding.” Relators contend that because the legislature does not have the power to declare what shall be conclusive evidence, this irrebuttable presumption “violates a person’s due proces | 2 | 2 |
Welle v. Prozinskigreen1 sentence1988Welle v. Prozinski, 258 N.W.2d 912, 916 (Minn.1977). | 1 | 1 |
Shreve v. Department of Economic Securitygreen1 sentence1983This is an irrebuttable presumption, Shreve v. Department of Economic Security, 283 N.W.2d 506, 508 (Minn.1979), with an exception granted to a student in training “with the approval of the Commissioner.” Minn. Stat. Sec. 268.08(1)(3) (1982). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sandstrom v. Montana
green
2 sentences1984Moreover, in the recent Minnesota case of State v. Williams, 324 N.W.2d 154 (Minn. 1982), a lack of qualifying instructions to the effect that the jury could consider the explanation or that it could disregard the presumption was important to the finding that the instruction given was “tantamount to an irrebuttable presumption that denies due process.” Id. at 160 citing Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979). 1984Moreover, in the recent Minnesota case of State v. Williams, 324 N.W.2d 154 (Minn. 1982), a lack of qualifying instructions to the effect that the jury could consider the explanation or that it could disregard the presumption was important to the finding that the instruction given was “tantamount to an irrebuttable presumption that denies due process.” Id. at 160 citing Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979). | 2 | 1982–1984 |
Twin City Candy and Tobacco Co. v. A. Weisman Co.
green
2 sentences1979The Act does not contain an irrebuttable presumption such as that invalidated in Twin City Candy & Tobacco Co., Inc. v. A. Weisman Co., 276 Minn. 225 , 149 N.W.2d 698 (1967). 4 In response to documented cases of consumer loss and confusion, the Act merely requires that certain disclosures be made to the customer to mitigate confusion and unreasonable expectations and provides economic protection against customer losses. 1979The Act does not contain an irrebuttable presumption such as that invalidated in Twin City Candy & Tobacco Co., Inc. v. A. Weisman Co., 276 Minn. 225 , 149 N.W.2d 698 (1967). 4 In response to documented cases of consumer loss and confusion, the Act merely requires that certain disclosures be made to the customer to mitigate confusion and unreasonable expectations and provides economic protection against customer losses. | 2 | 1975–1979 |
Mitchell v. Steffen
green
1 sentence2013We noted that the statute “create[d] an irrebuttable presumption that all new residents come to Minnesota to collect higher benefits.” Id. | 1 | 2013–2013 |
In Re the Welfare of L.J.S.
green
2 sentences2007And we further concluded that the presumptive-certification statute does not improperly create an irrebuttable presumption: “The juvenile may rebut the presumption ‘by demonstrating by clear and convincing evidence that retaining the proceeding in the juvenile court serves public safety.’ ” Id. 2007Specifically, “[t]he statute [ ] allows the juvenile to present evidence going beyond those basic facts to the broader issue of whether public safety is served.” Id. | 1 | 2007–2007 |
County Court of Ulster Cty. v. Allen
green
2 sentences2004County Court of Ulster County v. Allen, 442 U.S. 140 , 157 n. 16, 99 S.Ct. 2213 , 2225 n. 16, 60 L.Ed.2d 777 (1979). 2004County Court of Ulster County v. Allen, 442 U.S. 140 , 157 n. 16, 99 S.Ct. 2213 , 2225 n. 16, 60 L.Ed.2d 777 (1979). | 1 | 2004–2004 |
State, City of Mankato v. Chirpich
green
1 sentence1994In State v. Chirpich, 392 N.W.2d 34 (Minn.App.1986), pet. for rev. denied (Minn. Oct. 17, 1986), cert. denied, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987), we stated that Minn.Stat. § 169.121, subd. 1(e) does not act as an irre-buttable presumption of guilt and impermis-sibly shift the burden of proof to the defendant. | 1 | 1994–1994 |
National Elevator Industry, Inc. v. International Union of Elevator Constructors
green
1 sentence1994In State v. Chirpich, 392 N.W.2d 34 (Minn.App.1986), pet. for rev. denied (Minn. Oct. 17, 1986), cert. denied, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987), we stated that Minn.Stat. § 169.121, subd. 1(e) does not act as an irre-buttable presumption of guilt and impermis-sibly shift the burden of proof to the defendant. | 1 | 1994–1994 |
Adam v. Brotherhood Railway Carmen of the United States & Canada
green
2 sentences1994In State v. Chirpich, 392 N.W.2d 34 (Minn.App.1986), pet. for rev. denied (Minn. Oct. 17, 1986), cert. denied, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987), we stated that Minn.Stat. § 169.121, subd. 1(e) does not act as an irre-buttable presumption of guilt and impermis-sibly shift the burden of proof to the defendant. 1994In State v. Chirpich, 392 N.W.2d 34 (Minn.App.1986), pet. for rev. denied (Minn. Oct. 17, 1986), cert. denied, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987), we stated that Minn.Stat. § 169.121, subd. 1(e) does not act as an irre-buttable presumption of guilt and impermis-sibly shift the burden of proof to the defendant. | 1 | 1994–1994 |
State v. Kelly
green
2 sentences1992Respondent bases her argument on State v. Kelly, 218 Minn. 247 , 15 N.W.2d 554 (1944). 1992Respondent bases her argument on State v. Kelly, 218 Minn. 247 , 15 N.W.2d 554 (1944). | 1 | 1992–1992 |
State v. Ferraro
green
1 sentence1984This court has noted in the Ferraro decision that such qualifying instructions would prevent the jury from confusing a permissive inference with a mandatory presumption. 290 N.W.2d at 179 . | 1 | 1984–1984 |
State v. Williams
green
2 sentences1984Moreover, in the recent Minnesota case of State v. Williams, 324 N.W.2d 154 (Minn. 1982), a lack of qualifying instructions to the effect that the jury could consider the explanation or that it could disregard the presumption was important to the finding that the instruction given was “tantamount to an irrebuttable presumption that denies due process.” Id. at 160 citing Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979). 1984Moreover, in the recent Minnesota case of State v. Williams, 324 N.W.2d 154 (Minn. 1982), a lack of qualifying instructions to the effect that the jury could consider the explanation or that it could disregard the presumption was important to the finding that the instruction given was “tantamount to an irrebuttable presumption that denies due process.” Id. at 160 citing Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979). | 1 | 1984–1984 |
Joseph E. Seagram & Sons, Inc. v. Hostetter
green
2 sentences1975Seagram & Sons, Inc. v. Hostetter, 384 U. S. 35 , 86 S. Ct. 1254 , 16 L. ed. 2d 336 (1966). 1975Seagram & Sons, Inc. v. Hostetter, 384 U. S. 35 , 86 S. Ct. 1254 , 16 L. ed. 2d 336 (1966). | 1 | 1975–1975 |
Cleveland Board of Education v. LaFleur
green
2 sentences1975Any enforcement of the act by regulations which would employ an irrebuttable presumption is constitutionally offensive to due process as held by Cleveland Board of Education v. LaFleur, 414 U. S. 632 , 94 S. Ct. 791 , 39 L. ed. 2d 52 (1974); and Twin City Candy & Tobacco Co. Inc. v. A. Weisman Co. 276 Minn. 225 , 149 N. W. 2d 698 (1967), and will, we assume, be avoided. 21 Joseph E. 1975Any enforcement of the act by regulations which would employ an irrebuttable presumption is constitutionally offensive to due process as held by Cleveland Board of Education v. LaFleur, 414 U. S. 632 , 94 S. Ct. 791 , 39 L. ed. 2d 52 (1974); and Twin City Candy & Tobacco Co. Inc. v. A. Weisman Co. 276 Minn. 225 , 149 N. W. 2d 698 (1967), and will, we assume, be avoided. 21 Joseph E. | 1 | 1975–1975 |
Kotter v. People
green
2 sentences1903Kotter v. People, 150 Ill. 441 , 37 N. E. 932 . 1903Kotter v. People, 150 Ill. 441 , 37 N. E. 932 . | 1 | 1903–1903 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.